"I am by birth a free Commoner of England, and am thereby intailed or intituled unto an equall priviledge with your selfe, or the greatest men in England, unto the freedome and liberty of the Lawes of England."
William Thompson, 14. of December, 1647

Tuesday, 22 May 2012

I've been doing a bit of reading from the great libertarians of the English Civil War period, one of which being Richard Overton, who laid out very clearly (at least as clear as 17th century English is to the modern reader) the principle of self-ownership, later developed by John Locke and other notables, e.g. Mr Jefferson, and the limits on state power. This was written during his illegal captivity by order of the House of Lords in 1646.

An arrow against all tyrants

An arrow against all tyrants and tyranny, shot from the prison of Newgate into the prerogative bowels of the arbitrary House of Lords and all other usurpers and tyrants whatsoever.

Wherein the original, rise, extent, and end of magisterial power, the natural and national rights, freedoms and properties of mankind are discovered and undeniably maintained;

the late oppressions and encroachments of the Lords over the commons legally (by the fundamental laws and statutes of this realm, as also by a memorable extract out of the records of the Tower of London) condemned;

the late Presbyterian ordinance (invented and contrived by the diviners, and by the motion of Mr Bacon and Mr Tate read in the House of Commons) examined, refuted, and exploded, as most inhumane, tyrannical and barbarous

By Richard Overton

Prerogative archer to the arbitrary House of Lords, their prisoner in Newgate, for the just and legal properties, rights and freedoms of the commons of England. Sent by way of a letter from him, to Mr Henry Marten, a member of the House of Commons

Imprimatur Rectat Justitia

Printed at the backside of the Cyclopian Mountains, by Martin Claw-Clergy, printer to the reverend Assembly of Divines, and are to be sold at the sign of the Subject's Liberty, right opposite to Persecuting Court. 1646

Sir,

To every individual in nature is given an individual property by nature not to be invaded or usurped by any. For every one, as he is himself, so he has a self-propriety, else could he not be himself; and of this no second may presume to deprive any of without manifest violation and affront to the very principles of nature and of the rules of equity and justice between man and man. Mine and thine cannot be, except this be. No man has power over my rights and liberties, and I over no man's. I may be but an individual, enjoy my self and my self-propriety and may right myself no more than my self, or presume any further; if I do, I am an encroacher and an invader upon another man's right — to which I have no right. For by natural birth all men are equally and alike born to like propriety, liberty and freedom; and as we are delivered of God by the hand of nature into this world, every one with a natural, innate freedom and propriety — as it were writ in the table of every man's heart, never to be obliterated — even so are we to live, everyone equally and alike to enjoy his birthright and privilege; even all whereof God by nature has made him free.

And this by nature everyone's desire aims at and requires; for no man naturally would be befooled of his liberty by his neighbour's craft or enslaved by his neighbour's might. For it is nature's instinct to preserve itself from all things hurtful and obnoxious; and this in nature is granted of all to be most reasonable, equal and just: not to be rooted out of the kind, even of equal duration with the creature. And from this fountain or root all just human powers take their original — not immediately from God (as kings usually plead their prerogative) but mediately by the hand of nature, as from the represented to the representers. For originally God has implanted them in the creature, and from the creature those powers immediately proceed and no further. And no more may be communicated than stands for the better being, weal, or safety thereof. And this is man's prerogative and no further; so much and no more may be given or received thereof: even so much as is conducent to a better being, more safety and freedom, and no more. He that gives more, sins against his own flesh; and he that takes more is thief and robber to his kind — every man by nature being a king, priest and prophet in his own natural circuit and compass, whereof no second may partake but by deputation, commission, and free consent from him whose natural right and freedom it is.

And thus sir and no otherwise are you instated into your sovereign capacity for the free people of this nation. For their better being, discipline, government, propriety and safety have each of them communicated so much unto you (their chosen ones) of their natural rights and powers, that you might thereby become their absolute commissioners and lawful deputies. But no more: that by contraction of those their several individual communications conferred upon and united in you, you alone might become their own natural, proper, sovereign power, therewith singly and only empowered for their several weals, safeties and freedoms, and no otherwise. For as by nature no man may abuse, beat, torment, or afflict himself, so by nature no man may give that power to another, seeing he may not do it himself; for no more can be communicated from the general than is included in the particulars whereof the general is compounded.